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Supreme Court of the United States › Infringement › Trademark Litigation

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Fox Rothschild LLP

U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark Dispute

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Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more

McDermott Will & Emery

Supreme Court Finds Trademark Tacking to Be a Jury Question - Hana Financial, Inc. vs. Hana Bank, et. al.

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The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more

Smith Anderson

Supreme Court Considers Impact of TTAB "Likelihood of Confusion" Finding on Trademark Infringement Litigation

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On December 2, 2014, the United States Supreme Court heard oral argument in B&B Hardware, Inc. v. Hargis Industries, Inc.. The question before the Supreme Court is how much deference, if any, a federal district court hearing...more

Knobbe Martens

Supreme Court Rules on “Tacking” and District Court Distinguishes Dish Network from Aereo

Knobbe Martens on

Hana Financial, Inc. v. Hana Bank – What You Need to Know - Yesterday, the U.S. Supreme Court held that whether two trademarks may be tacked for purposes of determining priority is a question for the jury, because...more

Nossaman LLP

Supreme Court To Decide Preclusive Effect of TTAB Decisions on Subsequent Court Actions

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Last week the Supreme Court granted certiorari to determine whether decisions of the Trademark Trial and Appeals Board (TTAB) concerning likelihood of confusion preclude relitigating that issue in subsequent infringement...more

Proskauer Rose LLP

Three Point Shot - June 2014

Proskauer Rose LLP on

Federal Circuit Leaves Cobra Golf Co. in the Rough - It's dormie. On Eighteen. You're in great shape, having hit a solid drive, leaving yourself a fairway lie and a mid-iron into a back-right Sunday pin. Feeling good...more

Bracewell LLP

Supreme Court Grants Cert on Trademark "Tacking"

Bracewell LLP on

Last week, the Supreme Court of the United States granted a writ of certiorari in Hana Financial, Inc. v Hana Bank. The issue presented is whether trademark "tacking" is an issue of fact for a jury or an issue of law for the...more

McNees Wallace & Nurick LLC

Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits

McNees Wallace & Nurick LLC on

On March 25, the U.S. Supreme Court clarified who has the right to assert a federal claim for false advertising. In a unanimous ruling, the Court established that one company can sue another under the Lanham Act, the federal...more

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